Rule2025-10342
Child Nutrition: Streamlining Plan Requirements for the Summer EBT Program and the Rural Non-Congregate Option in the Summer Food Service Program
Primary source
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Published
June 6, 2025
Effective
August 5, 2025
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This rule removes the Coordinated Services Plan (CSP) requirement for the Summer Food Service Program (SFSP) and Summer Electronic Benefits Transfer for Children (Summer EBT) Program under the "Implementing Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs" interim final rule published December 29, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 108 (Friday, June 6, 2025)</title>
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[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Rules and Regulations]
[Pages 24047-24048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10342]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 108 / Friday, June 6, 2025 / Rules
and Regulations
[[Page 24047]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 225 and 292
[Docket No. FNS-2025-0007]
RIN 0584-AF07
Child Nutrition: Streamlining Plan Requirements for the Summer
EBT Program and the Rural Non-Congregate Option in the Summer Food
Service Program
AGENCY: Food and Nutrition Service (FNS), Department of Agriculture
(USDA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule removes the Coordinated Services Plan (CSP)
requirement for the Summer Food Service Program (SFSP) and Summer
Electronic Benefits Transfer for Children (Summer EBT) Program under
the ``Implementing Provisions from the Consolidated Appropriations Act,
2023: Establishing the Summer EBT Program and Rural Non-Congregate
Option in the Summer Meal Programs'' interim final rule published
December 29, 2023.
DATES: The final rule is effective August 5, 2025.
FOR FURTHER INFORMATION CONTACT: James C. Miller, Administrator, Food
and Nutrition Service, at (703) 305-2060, or <a href="/cdn-cgi/l/email-protection#4b012a262e3865062227272e390b3e382f2a652c243d"><span class="__cf_email__" data-cfemail="a6ecc7cbc3d588ebcfcacac3d4e6d3d5c2c788c1c9d0">[email protected]</span></a> with
a subject line of ``RIN 0584-AF07''.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, FNS published the interim final rule
Establishing the Summer EBT Program and Rural Non-Congregate Option in
the Summer Meal Programs (88 FR 90230), (hereinafter referred to as
``the Summer IFR''). The Summer IFR amended the SFSP and the National
School Lunch Program's Seamless Summer Option (SSO) regulations to
codify the flexibility for program operators to provide non-congregate
meal service to children living in rural areas. These two programs are
collectively referred to as the summer meal programs. The rule also
established regulations and codified the Summer EBT Program in the Code
of Federal Regulations.
As part of that rulemaking, FNS requires that each State which
operates the SFSP and Summer EBT to develop and maintain a CSP to
coordinate the statewide availability of services offered through these
Programs. Beginning in 2025, states must submit a single CSP to FNS
that describes how SFSP and Summer EBT services will be coordinated
statewide. In instances where more than one agency administers these
programs within a state, those agencies must collaborate to develop and
implement the CSP. The CSP must be updated at least every three years,
with significant annual updates submitted as needed. At a minimum, the
plan must include: a description of the roles and responsibilities of
each administering agency; a description of how agencies and
organizations will coordinate outreach and programmatic activities to
maximize the reach of summer meal programs and Summer EBT; metrics to
assess program reach and coverage; and plans to partner with other
federal, state, tribal, or local programs to support participant access
to all benefits for which they may be eligible. Additionally, states
must also ensure the CSP is made publicly available by posting it on
their website and must notify the public of the CSP.
Comments on the Summer IFR were accepted through August 27, 2024.
Eleven respondents provided general comments on the CSP requirements.
An advocacy group expressed support for USDA's commitment to ensuring
that all summer programs work together to end summer childhood hunger
through the creation of the CSP. However, most commenters noted that
the CSP is burdensome, unnecessary, and duplicative of other reporting
requirements. Specifically, commenters remarked that the requirement to
submit a CSP is duplicative of what States already submit in their
management and administration plans. A State agency commented that
Summer EBT and SFSP are not equivalent, reasoning that ``the
coordination of a plan'' is unnecessary and burdensome. Similarly,
another State agency expressed general concern about how the CSP will
include both SFSP and Summer EBT. Commenters also had differing
opinions on each agency's roles. One State agency recommended that FNS
remove the CSP requirement altogether.
Following publication of the Summer IFR, FNS offered a waiver under
the authority of section 12(l) of the Richard B. Russell National
School Lunch Act (NSLA), 42 U.S.C. 1760(l), to defer the compliance
date for initial CSP submissions to January 1, 2025; accordingly, 38
out of the 41 States required to comply with this provision requested
and received said waiver for Program year 2025. Requesting State
agencies cited a need to focus their resources on implementation and
rollout activities that will best support program capacity and
integrity in order to support access to nutritious meals and Summer EBT
benefits. In addition to the input FNS has received through public
comments and waivers, States have continued to provide similar feedback
to FNS during webinars, conferences, and other engagements since
publication of the Summer IFR.
FNS has carefully reviewed the public's input and SFSP and Summer
EBT regulations at 7 CFR 225.3(e) and 292.10, respectively, and
determined that this deregulatory action is necessary, justified, and
will benefit the public. As such, FNS will remove the CSP requirement
for the SFSP and Summer EBT under this final rule.
In development of this final rule, FNS considered alternatives in
the SFSP and Summer EBT including retaining the provision as is,
providing regulatory waivers, extending the timeline for the States to
submit updates to FNS, and removing the requirement that the State
agency must consult with FNS on the development of, and any significant
subsequent updates to, their plan. However, FNS agrees with commenters
that the CSP is burdensome, unnecessary, and duplicative of other
reporting requirements, and thus has determined the provision should be
removed entirely. FNS expects removal of this provision will provide
immediate relief for State administering agencies by decreasing
administrative burden and eliminating duplicative and unnecessary
paperwork in the SFSP and Summer EBT. This action also has the
potential to provide relief for any
[[Page 24048]]
additional states that choose to implement Summer EBT in future program
years. In addition, FNS expects that this action will reduce any
potential burden on other organizations and program operators, from
whom the State may request information to inform its plan.
Furthermore, on January 21, 2025, President Trump signed the
Executive Order 14192 on Unleashing Prosperity Through Deregulation
(E.O. 14192), supporting the American economy and citizens by ordering
the executive branch to be prudent and financially responsible in the
expenditure of funds, from both public and private sources, and to
alleviate unnecessary regulatory burdens placed on the American people.
This final rule is in response to, and fully consistent with, the
directives of E.O. 14192. Accordingly, this final rule removes the CSP
requirements at 7 CFR 225.3(e) and 292.10.
Procedural Matters
Executive Orders 12866 and 13563
Under Executive Order 12866, as amended by Executive Orders 14215
and 13563, agencies must assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, select
regulatory approaches that maximize net benefits. The Office of
Management and Budget's (OMB) Office of Information and Regulatory
Affairs has determined that this regulatory action is not significant
and, therefore, is not subject to OMB review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996; 5
U.S.C. 601 et seq.), agencies must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). FNS has concluded
and hereby certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
This rule does not contain Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act (UMRA)) for
State, local, and Tribal governments, or the private sector of $100
million or more in any one year. Thus, the rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. As this rule is purely
deregulatory, FNS has assessed the impact of this rule on Indian tribes
and determined that this rule would not have Tribal implications that
require consultation under Executive Order 13175.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number. This rule is
deregulatory and so would not impose any additional information
collection requirements; rather, it would reduce future collection
requirements by removing reporting burdens. Specifically, the changes
in this rule will remove the reporting requirement for State/local/
Tribal governments to establish, and update annually as needed, a
coordinated services plan to coordinate the statewide availability of
services offered through the Summer Food Service Program described in 7
CFR part 225 and the Summer EBT program established in 7 CFR part 292.
In the Summer IFR, USDA estimated that the 157 State agencies will be
required to submit a coordinated services plan annually and that it
takes a total of approximately 838 hours to complete this reporting
requirement. USDA will revise its information collections to reflect
this burden reduction.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
2002 to promote the use of the internet and other information
technologies to provide increased opportunities for citizen access to
Government information and services, and for other purposes.
Executive Order 13132; Federalism Summary Impact Statement
The rule is deregulatory and has little effect on States and local
governments, so FNS anticipates that this rule will not have
implications for federalism. Therefore, under section 6(b) of the
Executive order, a federalism summary is not required.
List of Subjects
7 CFR Part 225
Food assistance programs, Grant programs--health, Infants and
children, Labeling, Reporting and recordkeeping requirements.
7 CFR Part 292
Administrative practice and procedure, Agriculture, Food assistance
programs, Grant programs--education, Grant programs--health, Infants
and children, Nutrition, Public assistance programs, Reporting and
recordkeeping requirements, School breakfast and lunch programs.
Accordingly, 7 CFR parts 225 and 292 are amended as follows:
PART 225--SUMMER FOOD SERVICE PROGRAM
0
1. The authority citation for part 225 continues to read as follows:
Authority: Secs. 9, 13 and 14, Richard B. Russell National
School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a).
Sec. 225.3 [Amended]
0
2. In Sec. 225.3, remove paragraph (e).
PART 292--SUMMER ELECTRONIC BENEFITS TRANSFER PROGRAM
0
3. The authority citation for part 292 continues to read as follows:
Authority: 42 U.S.C. 1762.
Sec. 292.10 [Removed and Reserved]
0
4. Remove and reserve Sec. 292.10.
James C. Miller,
Administrator.
[FR Doc. 2025-10342 Filed 6-5-25; 8:45 am]
BILLING CODE 3410-30-P
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